Indian evidence law | Updated 20 October 2026
Section 5 of the Indian Evidence Act: Facts in Issue and Relevant Facts
Section 5 of the Indian Evidence Act, 1872 established a fundamental rule of admissibility: evidence may be given of facts in issue and other facts declared relevant by law, but not of unrelated facts. The corresponding provision in the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is Section 3.
1. What Section 5 of the Indian Evidence Act provides
The rule permits evidence in a suit or proceeding to establish the existence or non-existence of every fact in issue and of other facts that the Act declares relevant, and of no others. Relevance is therefore the starting point for determining what evidence a court may consider.
The section also contains an important explanation: it does not allow a person to prove a fact where the law governing civil procedure disentitles that person from doing so. A fact can be relevant without being admissible through a particular procedural route.
2. Current law: Section 3 of the Bharatiya Sakshya Adhiniyam, 2023
Section 3, titled Evidence may be given of facts in issue and relevant facts, substantially carries forward the same rule. Evidence may be given of facts in issue and other facts declared relevant by the Adhiniyam, and of no others. Its explanation preserves applicable restrictions under civil procedure law.
Read the official Bharatiya Sakshya Adhiniyam, 2023 (India Code PDF) for the enacted provision and illustrations.
3. Meaning of important legal expressions
Fact in issue
A fact in issue is one from which, alone or together with other facts, the existence, non-existence, nature or extent of a claimed or disputed right, liability or disability necessarily follows. For example, in a murder prosecution, whether the accused caused the death and acted with the required intention may be facts in issue.
Relevant fact
A relevant fact is a fact connected to another in one of the ways recognised by the applicable evidence statute. Circumstances such as motive, conduct or events forming part of the same transaction may be relevant when the statutory requirements are met.
Admissibility
Admissibility concerns whether the court may legally receive particular evidence. Relevance is necessary, but statutory exclusions, privilege, procedural rules and requirements for proving documents or electronic records may also apply.
4. Statutory illustrations explained
Illustration (a): Murder trial
A is tried for murdering B by beating B with a club with the intention of causing death. The facts in issue include:
- Whether A beat B with the club.
- Whether that beating caused B's death.
- Whether A intended to cause B's death.
Evidence tending to prove or disprove these matters can be received subject to other applicable rules of evidence and procedure.
Illustration (b): Late production of a bond in a civil suit
A litigant relies on a bond but does not bring it ready for production at the first hearing. Section 5 does not itself authorise production of that bond or proof of its contents at a later stage contrary to the conditions prescribed by the Code of Civil Procedure, 1908. The litigant must comply with applicable procedural requirements, including any available judicial permission.
5. Comparison of the former and current provisions
| Subject | Indian Evidence Act, 1872 | Bharatiya Sakshya Adhiniyam, 2023 |
|---|---|---|
| General rule on relevant evidence | Section 5 | Section 3 |
| Definition of fact in issue and relevant fact | Section 3 | Section 2 |
| Facts forming part of same transaction | Section 6 | Section 4 |
| Occasion, cause or effect | Section 7 | Section 5 |
| Motive, preparation and conduct | Section 8 | Section 6 |
6. Why the distinction matters in court
Parties should identify the precise issues requiring proof, connect each proposed item of evidence to an issue or a recognised category of relevant facts, and satisfy the rules governing its production and proof. Evidence about unrelated events cannot ordinarily be introduced merely because it appears interesting or persuasive.
The rule operates alongside the burden of proof, rules for oral and documentary evidence, and safeguards governing electronic and digital records. Relevance alone does not establish the truth or weight of an allegation.
7. Repeal and savings for pending proceedings
Under Section 170(1) of the BSA, the Indian Evidence Act, 1872 is repealed. Under Section 170(2), an application, trial, inquiry, investigation, proceeding or appeal pending immediately before 1 July 2024 is to be dealt with under the former Evidence Act as in force immediately before commencement, as though the new Adhiniyam had not come into force. The procedural history of a matter should therefore be checked before citing the governing provision.
8. Frequently asked questions
What replaced Section 5 of the Indian Evidence Act?
Section 3 of the Bharatiya Sakshya Adhiniyam, 2023 is the corresponding provision governing evidence of facts in issue and relevant facts.
Can evidence of an irrelevant fact be given?
Generally, no. The fact must be in issue or fall within a legally recognised category of relevant facts, and other rules of admissibility still apply.
Does relevance override civil procedure requirements?
No. Both the former Section 5 and current Section 3 expressly preserve restrictions imposed by applicable civil procedure law.
9. Official legal references
- Bharatiya Sakshya Adhiniyam, 2023 - official India Code text
- India Code - central legislation and statutory texts
- National Crime Records Bureau - Bharatiya Sakshya Adhiniyam index
This article is for general legal information. The governing statute and procedural orders should be checked for the facts and commencement status of each case.